G.R. No. 145436; October 10, 2002
MICHAEL LONDON for and in behalf of his minor son NICHOLAS FREDERICK LONDON, petitioner, vs. BAGUIO COUNTRY CLUB CORPORATION, ANTHONY DE LEON and FRANCIS BASTIANO SIMALONG, respondents.

FACTS

On November 29, 1998, minor Nicholas Frederick London was playing video games at the Baguio Country Club when respondent Francis Bastiano Simalong, a club mechanic, allegedly placed his hand around Nicholas and touched his penis. Nicholas informed his parents, who fetched him and reported the incident to the police. On December 14, 1998, Nicholas, assisted by his father Michael London, filed a complaint-affidavit for sexual harassment, child abuse, acts of lasciviousness, and unjust vexation against Simalong. An Information for unjust vexation was filed in the Municipal Trial Court (MTC) on December 28, 1998. The MTC later transferred the criminal case to the Regional Trial Court (RTC) as Criminal Case No. 17107-R, in accordance with laws on cases involving minors. The private complainant reserved the right to institute an independent civil action. On December 17, 1999, Nicholas, represented by his father, filed a complaint for damages based on quasi-delict (culpa aquiliana) under the Civil Code against Simalong, the Baguio Country Club, and its General Manager Anthony de Leon before the RTC, docketed as Civil Case No. 4587-R. Respondents Baguio Country Club and Anthony de Leon filed a motion to dismiss the civil case, alleging that the verification/certification against forum shopping attached to the complaint did not disclose the existence of the pending criminal case. The RTC Branch 61 granted the motion to dismiss on April 18, 2000. After the presiding judge inhibited himself, the case was transferred to RTC Branch 59, which denied the motion for reconsideration on October 10, 2000. Petitioner assailed the dismissal via a petition for review.

ISSUE

Whether the filing of the independent civil action for damages based on quasi-delict constitutes forum shopping, warranting the dismissal of the civil case, given the pending criminal case for unjust vexation arising from the same incident.

RULING

No, the filing of the independent civil action does not constitute forum shopping. The Supreme Court set aside the challenged RTC resolutions and ordered the reinstatement of Civil Case No. 4587-R. The Court held that forum shopping requires: (a) identity of parties or interests; (b) identity of rights asserted and relief prayed for, founded on the same facts; and (c) identity such that any judgment in one case would amount to res judicata in the other. In this instance, while both actions arose from the same incident, there were material differences. In the criminal case, the plaintiff is the “People of the Philippines” and the sole defendant is Simalong. In the civil case, the plaintiffs are Michael London and his minor son, and the defendants include not only Simalong but also the Baguio Country Club and its General Manager. A judgment in the criminal case against Simalong could not be invoked as res judicata in the independent civil suit for damages against all respondents. The Court reiterated that rules of procedure are tools to facilitate justice and should not be applied with inflexibility when it would frustrate substantial justice.